Hanson Construction Materials Pty Ltd Summary

[2024] FWCA 1797

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Hanson Construction Materials Pty Ltd

(AG2024/1335)

HANSON CONSTRUCTION MATERIALS PTY LTD NORTHERN REGION COUNTRY QUEENSLAND TIPPER & TANKER DRIVERS ENTERPRISE AGREEMENT 2024

Cement and concrete products
COMMISSIONER DURHAM	BRISBANE, 16 MAY 2024

Application for approval of the Hanson Construction Materials Pty Ltd Northern Region Country Queensland Tipper & Tanker Drivers Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd Northern Region Country Queensland Tipper & Tanker Drivers Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hanson Construction Materials Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 1.6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 March 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hanson Construction Materials Pty Ltd sought approval of an enterprise agreement under the Fair Work Act 2009. The application was brought before the Fair Work Commission, which has the authority to approve such agreements where it is satisfied that the agreement has been made in accordance with the provisions of the Act. The drivers of tipper and tanker trucks in the Northern Region of Queensland were represented by a union, and the proposed agreement addressed various terms and conditions of their employment. The central dispute revolved around whether the agreement complied with the statutory requirements for approval.

The legal issues before the Commission included whether the agreement was genuinely a product of bargaining, whether it contained all the mandated terms and conditions, and whether it complied with the 'better off overall test'. This test requires that employees be no worse off financially under the new agreement compared to their previous terms. Additionally, the Commission had to consider whether the agreement included adequate provisions for employee voice and if it adhered to other procedural requirements, such as proper notification and consultation with employees.

The Fair Work Commission determined that the agreement was genuinely the result of genuine bargaining, as evidenced by the union's negotiations with the employer. The Commission found that the agreement included all required terms and satisfied the better off overall test. The agreement was deemed to provide for adequate employee voice through specified mechanisms. After examining all procedural aspects, the Commission concluded that the agreement complied with the statutory requirements and was thus approved. The final orders included the formal approval of the enterprise agreement, which would govern the employment conditions for the drivers in the Northern Region of Queensland.

Hanson Construction Materials Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established